Getting deported tomorrow?!

[MamaAsiya 8]

Hello all,

My soon-to-be-ex-husband was arrested for petty theft (misdemeanor) July 2nd. He was transferred to ICE custody as his conditional green card was expired. He was also convicted of spousal battery 2 years ago (misdemeanor). We have a daughter. I have not been in touch with him because the phones are very unreliable. I heard he had his bond hearing last Monday. ICE's automated system said he has a hearing tomorrow morning. I don't think he has legal representation (a family member was trying to hire someone but the lawyer has not contacted me to confirm). He did not waive his right to a trial. Does anyone know what I can expect tomorrow? I am mostly trying to understand the process. I was told by an ICE officer that I can bring him a 30lb bag. Does anyone know about the restrictions on dropping off property? I'll be driving up tomorrow to drop off the bag (hopefully) and sit in on the hearing/trial.

TIA.

[Tim/Mav 305]

Hello all,

My soon-to-be-ex-husband was arrested for petty theft (misdemeanor) July 2nd. He was transferred to ICE custody as his conditional green card was expired. He was also convicted of spousal battery 2 years ago (misdemeanor). We have a daughter. I have not been in touch with him because the phones are very unreliable. I heard he had his bond hearing last Monday. ICE's automated system said he has a hearing tomorrow morning. I don't think he has legal representation (a family member was trying to hire someone but the lawyer has not contacted me to confirm). He did not waive his right to a trial. Does anyone know what I can expect tomorrow? I am mostly trying to understand the process. I was told by an ICE officer that I can bring him a 30lb bag. Does anyone know about the restrictions on dropping off property? I'll be driving up tomorrow to drop off the bag (hopefully) and sit in on the hearing/trial.

TIA.

Strike 3 your out. He never should have never got away with the 2 other Spousal Abuse charges ( moreover, if in front of the minor) but that may not apply. Playing the game and doing it his way. Thats abusive and thinking an expired card and breaking the law does not apply. ICE MAY Realize that if the conduct continues they Maybe liable for your safety and family and had enough. Give him 30 lbs and say goodbye to this one and best of luck to you and your daughter. However, sorry to see this. Spousal Abuse will continue if never stopped. This means: If not you, someother victim unless help is recieved.

Edited September 7, 2011 by Tim/Mav

[LIFE'SJOURNEY 970]

His hearing tomorrow will be either his decision to self deport, or deport at the expense of the US govt. But since he has charges, the court will probably not offer him bail, so self deport maybe a mute point. The 30lb bag is all the air-line and ICE will allow him to carry on-board. You can leave him some $$$, so when he hit the ground in his home country he call call for a ride and get a meal.

Edited September 7, 2011 by LIFE'SJOURNEY

[MamaAsiya 8]

He was already denied bond and has requested a trial. Does that mean this court hearing will include a judgement?

[Brother Hesekiel 2,235]

Is the trial for the petty theft or has that already taken place and the trial (shouldn't be a "trial") is in front of an immigration judge?

Edited September 7, 2011 by Just Bob

[LIFE'SJOURNEY 970]

He was already denied bond and has requested a trial. Does that mean this court hearing will include a judgement?

Yes, this trail will inclue judgement, along with a date for departure. Departure is usually within 30 days, but since the US govt will be bearng the expense it could be anytime.

[MamaAsiya 8]

Thanks for the replies.

I was wrong on some assumptions. It turns out he does have a lawyer. The lawyer waited until after 7pm to call me last night and ask if I will testify in court today. It turns out his bond hearing was moved so that is what the court date is for. Two convictions for "crimes of moral turpitude" would make him ineligible for bail. However, domestic violence is the one exception to this rule. The lawyer wanted me to help him prove that he "only" woke me up by slapping my face (giving me a bloody nose) and dragged me across the floor (massive carpet burns) trying to kick me out of the apartment naked while our one year old was asleep in the other room. Apparently that works in his favor! I'm livid. The petty theft could have been for stealing food while he was starving. Domestic violence is the most likely crime to be repeated so why is the "moral turpitude" debatable?

[Brother Hesekiel 2,235]

I'm sorry, but you are still not distinguishing between a criminal trial and an immigration hearing.

First the person charged with a crime will have a criminal trial, and based on your last post I assume that's what's going on here now. If your husband gets convicted, he'll be sentenced, most likely to some time in the big house. While he's incarcerated, the USCIS will seek a revocation of his resident status. He'll have another day in court and if the immigration judge agrees, he'll be picked up by ICE agents the day he is being released from prison and escorted either to a detention facility, awaiting deportation, or directly to the airport.

This thing has 2 steps, and he's presumably only at step 1 now.

[Harpa Timsah 13,258]

Thanks for the replies.

I was wrong on some assumptions. It turns out he does have a lawyer. The lawyer waited until after 7pm to call me last night and ask if I will testify in court today. It turns out his bond hearing was moved so that is what the court date is for. Two convictions for "crimes of moral turpitude" would make him ineligible for bail. However, domestic violence is the one exception to this rule. The lawyer wanted me to help him prove that he "only" woke me up by slapping my face (giving me a bloody nose) and dragged me across the floor (massive carpet burns) trying to kick me out of the apartment naked while our one year old was asleep in the other room. Apparently that works in his favor! I'm livid. The petty theft could have been for stealing food while he was starving. Domestic violence is the most likely crime to be repeated so why is the "moral turpitude" debatable?

Yuck! What a sleazy lawyer! I hope you didn't comply. Good luck to you.

[Harsh_77 716]

OP - The first thing first are you trying to keep him in the country or trying to get rid of him.

From your post I hear contradictory statments, in some you sound worried about him and in some you are like he treated u bad and needs to be sent home.

[Deputy Purple 1,294]

I see nothing contradictory in her posts.

Only replying to this part of your post....

In this post she sounds like she's supportive of him. She's involved in the process of getting him legal representation and plans to go out of her way the following day to deliver him a 30lb bag of something.

My soon-to-be-ex-husband was arrested for petty theft (misdemeanor) July 2nd. He was transferred to ICE custody as his conditional green card was expired. He was also convicted of spousal battery 2 years ago (misdemeanor). We have a daughter. I have not been in touch with him because the phones are very unreliable. I heard he had his bond hearing last Monday. ICE's automated system said he has a hearing tomorrow morning. I don't think he has legal representation (a family member was trying to hire someone but the lawyer has not contacted me to confirm). He did not waive his right to a trial. Does anyone know what I can expect tomorrow? I am mostly trying to understand the process. I was told by an ICE officer that I can bring him a 30lb bag. Does anyone know about the restrictions on dropping off property? I'll be driving up tomorrow to drop off the bag (hopefully) and sit in on the hearing/trial.

Now suddenly she's livid because his lawyer wants her to downplay the previous abuse. I guess the supportive stuff is out the window.

I was wrong on some assumptions. It turns out he does have a lawyer. The lawyer waited until after 7pm to call me last night and ask if I will testify in court today. It turns out his bond hearing was moved so that is what the court date is for. Two convictions for "crimes of moral turpitude" would make him ineligible for bail. However, domestic violence is the one exception to this rule. The lawyer wanted me to help him prove that he "only" woke me up by slapping my face (giving me a bloody nose) and dragged me across the floor (massive carpet burns) trying to kick me out of the apartment naked while our one year old was asleep in the other room. Apparently that works in his favor! I'm livid.

She has not been clear as to where she stands in regards to him.

[Rufus2012 175]

"I was told by an ICE officer that I can bring him a 30lb bag."

Why? By helping him out, which he clearly does not deserve, you potentially weaken some of your abuse claims against him, as his counsel may ask why you help if the abuse was so bad. This may have an adverse impact in the divorce proceedings.

[Kathryn41 3,205]

Several posts off of the topic of discussion have been removed.

[bigdog 376]

I do not condone spousal abuse or crooks, he is on his own.

[Harpa Timsah 13,258]

From the OP's other posts, she is not trying to keep him here and is now divorced. I believe she is curious as to the process; her post above asks if anyone knows the order of things etc. I think her giving him his stuff back is just being a decent human. She is not trying to fight the courts decisions in any way, and has not helped gain legal counsel (the fact he had a lawyer was news to her).

Edited September 7, 2011 by Harpa Timsah